In a significant ruling, the Delhi High Court has declared that women can also be held liable for committing the offence of “penetrative sexual assault” on a child under the Protection of Children from Sexual Offences (POCSO) Act. The court clarified that the law is not limited to male offenders and applies equally to women if they commit such an offence.
Anup Jairam Bhambhani, who delivered the judgment, emphasized that the POCSO Act was designed to protect children from sexual offences, regardless of the gender of the offender. The court made it clear that there is no reason to interpret the word “person” in section 3 of the Act, which deals with penetrative sexual assault, as referring only to a male.
The ruling came in response to a plea filed by a woman accused in a POCSO case. She argued that being a woman, she could not be charged with the offences of “penetrative sexual assault” and “aggravated penetrative sexual assault.” The accused pointed out that the law repeatedly uses the pronoun “he,” suggesting that only men could be held liable for these offences.
However, the court rejected this argument, stating that the law must be interpreted in line with the intent of the legislature, which is to protect children from sexual offences committed by any person, regardless of gender. Justice Bhambhani noted that under the Indian Penal Code (IPC), the pronoun “he” is often used to refer to any person, male or female, and the same interpretation should apply to the POCSO Act.
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The court highlighted that the provisions under section 3 of the POCSO Act include various forms of penetrative sexual assault, such as the insertion of any object or body part, or the manipulation of a child’s body part to cause penetration. The court found it illogical to limit the offence to men, especially when the law covers actions beyond just penetration by a penis.
As a result, the Delhi High Court ruled that the woman in this case could be charged with “aggravated penetrative sexual assault” and would need to face trial for the offences as charged. The petition challenging the charges was dismissed, reinforcing that the POCSO Act applies equally to all offenders, regardless of gender.
This ruling marks a significant interpretation of the law, ensuring that children are protected from sexual offences by any individual, male or female.
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